II 

115TH CONGRESS 

1ST SESSION S. 145 

To require the Secretary of the Interior and the Secretary of Agriculture 

to more efficiently develop domestic sources of the minerals and mineral 

materials of strategic and critical importance to the economic and national security and manufacturing competitiveness of the United States, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 12, 2017 

Mr. HELLER introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To require the Secretary of the Interior and the Secretary 

of Agriculture to more efficiently develop domestic 

sources of the minerals and mineral materials of strategic 

and critical importance to the economic and national 

security and manufacturing competitiveness of the 

United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Strategic and 

5 Critical Minerals Production Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) the industrialization of developing nations 

4 has driven demand for nonfuel minerals necessary 

5 for telecommunications, military technologies, 

6 healthcare technologies, and conventional and renew7 able energy technologies; 

8 (2) the availability of minerals and mineral ma9 terials are essential for economic growth, national 

10 security, technological innovation, and the manufac11 turing and agricultural supply chain; 

12 (3) minerals and mineral materials are critical 

13 components of every transportation, water, tele14 communications, and energy infrastructure project 

15 necessary to modernize the crumbling infrastructure 

16 of the United States; 

17 (4) the exploration, production, processing, use, 

18 and recycling of minerals contribute significantly to 

19 the economic well-being, security, and general wel20 fare of the United States; 

21 (5) the United States has vast mineral re22 sources but is becoming increasingly dependent on 

23 foreign sources of mineral resources, as dem24 onstrated by the fact that— 


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1 (A) 25 years ago, the United States was 

2 dependent on foreign sources for 45 nonfuel 

3 mineral materials, of which— 

4 (i) 8 were imported by the United 

5 States to fulfill 100 percent of the require6 ments of the United States for those 

7 nonfuel mineral materials; and 

8 (ii) 19 were imported by the United 

9 States to fulfill greater than 50 percent of 

10 the requirements of the United States for 

11 those nonfuel mineral materials; 

12 (B) by 2015 the import dependence of the 

13 United States for nonfuel mineral materials in14 creased from dependence on the import of 45 

15 nonfuel mineral materials to dependence on the 

16 import of 47 nonfuel mineral materials, of 

17 which— 

18 (i) 19 were imported by the United 

19 States to fulfill 100 percent of the require20 ments of the United States for those 

21 nonfuel mineral materials; and 

22 (ii) 22 were imported by the United 

23 States to fulfill greater than 50 percent of 

24 the requirements of the United States for 

25 those nonfuel mineral materials; 


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1 (C) according to the Department of En2 ergy, the United States imports greater than 50 

3 percent of the 41 metals and minerals key to 

4 clean energy applications; 

5 (D) the United States share of worldwide 

6 mineral exploration dollars was 7 percent in 

7 2015, down from 19 percent in the early 1990s; 

8 (E) the 2014 Ranking of Countries for 

9 Mining Investment, which ranks 25 major min10 ing countries, found that 7- to 10-year permit11 ting delays are the most significant risk to min12 ing projects in the United States; and 

13 (F) in late 2016, the Government Account14 ability Office found that— 

15 (i) ‘‘the Federal government’s ap16 proach to addressing critical materials sup17 ply issues has not been consistent with se18 lected key practices for interagency col19 laboration, such as ensuring that agencies’ 

20 roles and responsibilities are clearly de21 fined’’; and 

22 (ii) ‘‘the Federal critical materials ap23 proach faces other limitations, including 

24 data limitations and a focus on only a sub25 set of critical materials, a limited focus on 


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1 domestic production of critical materials, 

2 and limited engagement with industry’’. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) AGENCY.—The term ‘‘agency’’ means— 

6 (A) any agency, department, or other unit 

7 of Federal, State, local, or tribal government; or 

8 (B) an Alaska Native Corporation. 

9 (2) ALASKA NATIVE CORPORATION.—The term 

10 ‘‘Alaska Native Corporation’’ has the meaning given 

11 the term ‘‘Native Corporation’’ in section 3 of the 

12 Alaska Native Claims Settlement Act (43 U.S.C. 

13 1602). 

14 (3) LEAD AGENCY.—The term ‘‘lead agency’’ 

15 means the agency with primary responsibility for 

16 issuing a mineral exploration or mine permit for a 

17 project. 

18 (4) MINERAL EXPLORATION OR MINE PER19 MIT.—The term ‘‘mineral exploration or mine per20 mit’’ includes— 

21 (A) an authorization of the Bureau of 

22 Land Management or the Forest Service, as ap23 plicable, for premining activities that requires 

24 an environmental impact statement or similar 


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1 analysis under the National Environmental Pol2 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

3 (B) a plan of operations issued by— 

4 (i) the Bureau of Land Management 

5 under subpart 3809 of part 3800 of title 

6 43, Code of Federal Regulations (or suc7 cessor regulations); or 

8 (ii) the Forest Service under subpart 

9 A of part 228 of title 36, Code of Federal 

10 Regulations (or successor regulations); and 

11 (C) a permit issued under an authority de12 scribed in section 3503.13 of title 43, Code of 

13 Federal regulations (or successor regulations). 

14 (5) PROJECT.—The term ‘‘project’’ means a 

15 project for which the issuance of a permit is re16 quired to conduct activities for, relating to, or inci17 dental to mineral exploration, mining, beneficiation, 

18 processing, or reclamation activities— 

19 (A) on a mining claim, millsite claim, or 

20 tunnel site claim for any locatable mineral; or 

21 (B) in conjunction with any Federal min22 eral (other than coal and oil shale) that is 

23 leased under— 

24 (i) the Mineral Leasing Act for Ac25 quired Lands (30 U.S.C. 351 et seq.); or 


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1 (ii) section 402 of Reorganization 

2 Plan Numbered 3 of 1946 (5 U.S.C. 

3 App.). 

4 SEC. 4. IMPROVING DEVELOPMENT OF STRATEGIC AND 

5 CRITICAL MINERALS. 

6 (a) DEFINITION OF STRATEGIC AND CRITICAL MIN7 ERALS.—In this section, the term ‘‘strategic and critical 

8 minerals’’ means minerals that are necessary— 

9 (1) for the national defense and national secu10 rity requirements; 

11 (2) for the energy infrastructure of the United 

12 States, including— 

13 (A) pipelines; 

14 (B) refining capacity; 

15 (C) electrical power generation and trans16 mission; and 

17 (D) renewable energy production; 

18 (3) to support domestic manufacturing, agri19 culture, housing, telecommunications, healthcare, 

20 and transportation infrastructure; or 

21 (4) for the economic security of, and balance of 

22 trade in, the United States. 

23 (b) CONSIDERATION OF CERTAIN DOMESTIC MINES

24 AS INFRASTRUCTURE PROJECTS.—A domestic mine that, 

25 as determined by the lead agency, will provide strategic 


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1 and critical minerals shall be considered to be an infra2 structure project, as described in Executive Order 13604 

3 (5 U.S.C. 601 note; relating to improving performance of 

4 Federal permitting and review of infrastructure projects). 

5 SEC. 5. RESPONSIBILITIES OF THE LEAD AGENCY. 

6 (a) IN GENERAL.—The lead agency shall appoint a 

7 project lead within the lead agency, who shall coordinate 

8 and consult with cooperating agencies and any other agen9 cies involved in the permitting process, project proponents, 

10 and contractors to ensure that cooperating agencies and 

11 other agencies involved in the permitting process, project 

12 proponents, and contractors— 

13 (1) minimize delays; 

14 (2) set and adhere to timelines and schedules 

15 for completion of the permitting process; 

16 (3) set clear permitting goals; and 

17 (4) track progress against those goals. 

18 (b) DETERMINATION UNDER NEPA.— 

19 (1) IN GENERAL.—To the extent that the Na20 tional Environmental Policy Act of 1969 (42 U.S.C. 

21 4321 et seq.) applies to the issuance of any mineral 

22 exploration or mine permit, the requirements of that 

23 Act shall be considered to have been procedurally 

24 and substantively satisfied if the lead agency deter25 mines that any State or Federal agency acting under 


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1 State or Federal law has addressed or will address 

2 the following factors: 

3 (A) The environmental impact of the ac4 tion to be conducted under the permit. 

5 (B) Possible adverse environmental effects 

6 of actions under the permit. 

7 (C) Possible alternatives to issuance of the 

8 permit. 

9 (D) The relationship between long- and 

10 short-term uses of the local environment and 

11 the maintenance and enhancement of long-term 

12 productivity. 

13 (E) Any irreversible and irretrievable com14 mitment of resources that would be involved in 

15 the proposed action. 

16 (F) Whether public participation will occur 

17 during the decisionmaking process for author18 izing actions under the permit. 

19 (2) WRITTEN REQUIREMENT.—In making a de20 termination under paragraph (1), not later than 90 

21 days after receipt of an application for the permit, 

22 the lead agency, in a written record of decision, 

23 shall— 

24 (A) explain the rationale used in reaching 

25 the determination; 


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1 (B) state the facts in the record that are 

2 the basis for the determination; and 

3 (C) show that the facts in the record could 

4 allow a reasonable person to reach the same de5 termination as the lead agency did. 

6 (c) COORDINATION ON PERMITTING PROCESS.— 

7 (1) IN GENERAL.—The lead agency shall en8 hance government coordination for the permitting 

9 process by— 

10 (A) avoiding duplicative reviews; 

11 (B) minimizing paperwork; and 

12 (C) engaging other agencies and stake13 holders early in the process. 

14 (2) CONSIDERATIONS.—In carrying out para15 graph (1), the lead agency shall consider— 

16 (A) deferring to, and relying on, baseline 

17 data, analyses, and reviews performed by State 

18 agencies with jurisdiction over the proposed 

19 project; and 

20 (B) to the maximum extent practicable, 

21 conducting any consultations or reviews concur22 rently rather than sequentially if the concurrent 

23 consultation or review would expedite the proc24 ess. 


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1 (3) MEMORANDUM OF AGENCY AGREEMENT.— 

2 If requested at any time by a State or local planning 

3 agency, the lead agency, in consultation with other 

4 Federal agencies with relevant jurisdiction in the en5 vironmental review process, may establish memo6 randa of agreement with the project sponsor, State 

7 and local governments, and other appropriate enti8 ties to accomplish the coordination activities de9 scribed in this subsection. 

10 (d) SCHEDULE FOR PERMITTING PROCESS.— 

11 (1) IN GENERAL.—For any project for which 

12 the lead agency cannot make the determination de13 scribed subsection (b), at the request of a project 

14 proponent, the lead agency, cooperating agencies, 

15 and any other agencies involved with the mineral ex16 ploration or mine permitting process shall enter into 

17 an agreement with the project proponent that sets 

18 time limits for each part of the permitting process, 

19 including— 

20 (A) the decision on whether to prepare an 

21 environmental impact statement or similar anal22 ysis required under the National Environmental 

23 Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

24 (B) a determination of the scope of any en25 vironmental impact statement or similar analVerDate Sep 11 2014 23:50 Jan 26, 2017 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S145.IS S145

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1 ysis required under the National Environmental 

2 Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

3 (C) the scope of, and schedule for, the 

4 baseline studies required to prepare an environ5 mental impact statement or similar analysis re6 quired under the National Environmental Pol7 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

8 (D) preparation of any draft environmental 

9 impact statement or similar analysis required 

10 under the National Environmental Policy Act of 

11 1969 (42 U.S.C. 4321 et seq.); 

12 (E) preparation of a final environmental 

13 impact statement or similar analysis required 

14 under the National Environmental Policy Act of 

15 1969 (42 U.S.C. 4321 et seq.); 

16 (F) any consultations required under appli17 cable law; 

18 (G) submission and review of any com19 ments required under applicable law; 

20 (H) publication of any public notices re21 quired under applicable law; and 

22 (I) any final or interim decisions. 

23 (2) TIME LIMIT FOR PERMITTING PROCESS.— 

24 Except if extended by mutual agreement of the 

25 project proponent and the lead agency, the time peVerDate Sep 11 2014 23:50 Jan 26, 2017 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S145.IS S145

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1 riod for the total review process described in para2 graph (1) shall not exceed 30 months. 

3 (e) LIMITATION ON ADDRESSING PUBLIC COM4 MENTS.—The lead agency shall not be required to address 

5 any agency or public comments that were not submitted— 

6 (1) during a public comment period or consulta7 tion period provided during the permitting process; 

8 or 

9 (2) as otherwise required by law. 

10 (f) FINANCIAL ASSURANCE.—The lead agency shall 

11 determine the amount of financial assurance required for 

12 reclamation of a mineral exploration or mining site, on the 

13 condition that the financial assurance shall cover the esti14 mated cost if the lead agency were to contract with a third 

15 party to reclaim the operations according to the reclama16 tion plan, including construction and maintenance costs 

17 for any treatment facilities necessary to meet Federal, 

18 State, or tribal environmental standards. 

19 (g) PROJECTS WITHIN NATIONAL FORESTS.—With 

20 respect to projects on National Forest System land, the 

21 lead agency shall— 

22 (1) exempt from the requirements of part 294 

23 of title 36, Code of Federal Regulations (or suc24 cessor regulations)— 


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1 (A) all areas of identified mineral re2 sources in land use designations, other than 

3 nondevelopment land use designations, in exist4 ence on the date of enactment of this Act; and 

5 (B) all additional routes and areas that the 

6 lead agency determines necessary to facilitate 

7 the construction, operation, maintenance, and 

8 restoration of an area described in paragraph 

9 (1); and 

10 (2) continue to apply the exemptions described 

11 in paragraph (1) after the date on which approval 

12 of the minerals plan of operations described in sec13 tion 3(4)(B)(ii) for the National Forest System land. 

14 (h) APPLICATION TO EXISTING PERMIT APPLICA15 TIONS.— 

16 (1) IN GENERAL.—This section applies to a 

17 mineral exploration or mine permit for which an ap18 plication was submitted before the date of enactment 

19 of this Act if the applicant for the permit submits 

20 a written request to the lead agency for the permit. 

21 (2) IMPLEMENTATION.—The lead agency shall 

22 begin implementing this section with respect to an 

23 application described in paragraph (1) not later than 

24 30 days after the date on which the lead agency re25 ceives the written request for the permit. 


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1 SEC. 6. FEDERAL REGISTER PROCESS FOR MINERAL EX2 PLORATION AND MINING PROJECTS. 

3 (a) DEPARTMENTAL REVIEW.—Absent any extraor4 dinary circumstances, as determined by the Secretary of 

5 the Interior or the Secretary of Agriculture, as applicable, 

6 and except as otherwise required by law, the Secretary of 

7 the Interior or the Secretary of Agriculture, as applicable, 

8 shall ensure that each Federal Register notice associated 

9 with the issuance of a mineral exploration or mine permit 

10 and required by law shall be— 

11 (1) subject to any required reviews within the 

12 Department of the Interior or the Department of 

13 Agriculture, as applicable; and 

14 (2) published in final form in the Federal Reg15 ister not later than 45 days after the date of initial 

16 preparation of the notice. 

17 (b) PREPARATION.—The preparation of any Federal 

18 Register notice described in subsection (a) shall be dele19 gated to the organizational level within the lead agency. 

20 (c) TRANSMISSION.—All Federal Register notices de21 scribed in subsection (a) regarding official document avail22 ability, announcements of meetings, or notices of intent 

23 to undertake an action shall originate in, and be trans24 mitted to the Federal Register from, the office in which, 

25 as applicable— 

26 (1) the documents or meetings are held; or 


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1 (2) the activity is initiated. 

2 SEC. 7. SECRETARIAL ORDER NOT AFFECTED. 

3 This Act shall not apply to any mineral described in 

4 Secretarial Order 3324, issued by the Secretary of the In5 terior on December 3, 2012, in any area to which the 

6 order applies. 

Æ 


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